attorney in seattle, washington, who would prosecute violations there. regardless of the state law, growing, selling or processing any amount of marijuana remains illegal under federal law. the department's responsibility to enforce the controlled substances act remains unchanged. but several former doj officials who spoke to cnn said that likely won't be the end of it. former attorney general under president george w. bush alberto gonzales laid out the options facing eric holder and the justice department. option one, lock the users up. >> go to washington state and arrest and prosecute those in possession of mare juwa marijuat for the defendant to say, wait a minute, i got a state law that says this is not lawful. at that point, the department can raise the issue of preem preemption and say the federal government laws preempt state laws in this regard. >> reporter: option two, fight it out in the courts. >> sue the state of washington and the state of colorado, take them to court and say, just say outright that in this field, the federal government has